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[Q] Is it true that for some regional centers, the creation of employment is "pre-approved" and can include indirect employment?


Yes and no. It is true that an approved regional center can include new positions created directly, indirectly or by induced means. However, the term "pre-approved" implies that USCIS will not question the job-calculation at the I-829 stage once I-526 petition is approved; this just is not true. A more accurate way to describe is that a specific job-calculation methodology that is included and submitted as part of I-526 petition (as well as part of the regional center designation request letter and approval) is deemed to be approved by USCIS when the underlying I-526 petition is approved. However, most, if not all, job-calculation studies contain some key assumptions that underlie the job numbers results reached by utilizing the job-calculation methodology. At I-829 stage, USCIS has discretion to question whether the material assumptions underlying such job-calculation studies have been met.

Therefore, it is not technically correct to say the job numbers have been "pre-approved" if and when I-526 petition is approved. Rather, the job-methodology containing certain key assumptions have been approved. It is hard to imagine that any job-calculation study which has been stripped of any and all key assumptions can be considered a "reasonable methodology" contemplated by the EB-5 regulations.